Hernandez Medina v. Nolan

1 District Judge John H. Chun UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE MARIA ELENA HERNANDEZ MEDINA, No. 2:23-cv-538-JHC Plaintiff, STIPULATED MOTION TO CONTINUE 10 ANSWER DEADLINE AND v. ORDER CONNIE NOLAN, et al., Noted for Consideration on: 12 June 8, 2023 Defendants.

14 Plaintiff and Defendants, through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move for a thirty-day extension of the deadline for Defendants to respond to the Complaint and file the certified administrative record.

17 Plaintiff brings this case pursuant to the Administrative Procedure Act (“APA”) and Mandamus Act seeking an order compelling the Government to complete processing of adjudicate Plaintiff’s Form I-601, Application for Waiver of Grounds of Inadmissibility. The response to the Complaint is currently due on or before June 12, 2023.

21 A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).

1 The parties submit there is good cause for an extension of the answer deadline. Defendants contend that this case should be reviewed on the administrative record and is exempt from the initial disclosure requirements of Federal Rule of Civil Procedure 26. LCR 79(h) requires Defendants to file the administrative record with the answer. The United States Citizenship and Immigration Services (“USCIS”) is currently assembling the administrative record but needs additional time due to technical issues. USCIS believes that 30 days will allow it to complete assembly of the certified administrative record. This is the first request for an extension of a deadline in this case.

9 Accordingly, the parties jointly stipulate and propose that Defendants’ respond to the Complaint and file the Certified Administrative Record on or before July 12, 2023.

11 Dated: June 7, 2023 12 Respectfully submitted, 13 NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 15 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 16 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 17 Tacoma, Washington 98402 Phone: 206-428-3824 18 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 20 265 words, in compliance with the Local Civil Rules. s/Katherine H. Rich 22 KATHERINE H. RICH, WSBA#46881 Rich Immigration PC 23 1207 N. 200th Street, Suite 214b Shoreline, Washington 98133 1 Phone: 206-853-4073 Email: [email protected] 2 Attorney for Plaintiff

1 ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. Defendants shall file the response to the Complaint and the certified administrative record on or before July 12, 2023.

6 DATED this 8th day of June, 2023.

8 A JOHN H. CHUN 9 United States District Judge